The Maguad Sibling Case and The Philippine Juvenile Justice System

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2 years ago

December 10, 2021

At around 3:00 o'clock in the afternoon Facebook post had shocked the small town of M’lang North Cotabato. A girl age 16, pleading for help in the social media. She said that there were three men entered their residence, and ransacked the house. The homeowner arrived 15minutes later followed by the police authorities. Two lifeless bodies were on the floor. They were his children. All he could say was “Officer, my kids are gone”, as he wept outside of their residence.

The girl who posted on the social media asking for help was their working student. They took her in, fed her, treated her as their own and gave her opportunities. The police officer escorted her outside of the house as they processed the lifeless bodies. They considered her as the survivor of a crime committed in a broad daylight at their own home. She was in a state of shock and was silent.

The Vice Mayor of the town took her into his custody. Family and friends mourned, crying for justice. Local news agency began covering the case. People begun to notice the different statements, and the oddity of the survivor. She called the mourning parents ‘Mama’ and ‘Papa’, which she never did in the past.

Days later, the ‘survivor’ confessed to her lawyer that she killed the siblings. A case had been filed. On a separate incident, a guy, aged 17 had been arrested for illegal position of dangerous drugs in a nearby city. The police recovered the missing cellular phone of the female victim which the parents were able to identify using the box of the cellphone. The serial number matched.

A case had been filed in the court for the two suspects. They are currently under the custody of the DSWD.

What’s next?

In an interview with the Maguad couple, they said that Christmas and New Year celebrations will never be the same again. They said on New Year’s eve, they just slept all night. Imagine the pain of two loving parents who lost their children because of greed and jealousy.

While Republic Act 9344 or the Juvenile Justice and Welfare Act has a positive impact for children at risks, it prevents the minor offender to be jailed. This law has two main focus, the children at risk and the children in conflict with the law. Children at risk are the ones who are vulnerable for abuse while the children in conflict with the law are the ones who had committed a crime. I think the lawmakers did only think of the petty crimes committed but haven't considered the possibility of a kid to commit a heinous crime like murder and rape.

The best interest of the child will always prevail. The state will protect and rehabilitate the child no matter what the crime committed under the supervision of the Department of Social Welfare and Development. The minimum age of criminal liability is 15 years old, the child will be under the intervention program but if above 15 and below 18, the child shall be subjected to proper court proceedings if found that he/she acted with discernment. The exemption from criminal liability in RA9344 does not include exemption from civil liability.

Will the Maguad couple get the justice they deserve for their kids? My guts says yes and I am really hoping and praying for it. The female child is a close friend of my nephew. What really amazes me are the parents. They are willing to forgive the perpetrators for what they have done but of course, they still need to face the consequence of their actions. They still long for their kids everyday, and everyday they are praying and hoping to see them in their dreams.

As for the family of the female suspect, the mother and sister were able to reach out to the Maguad parents. The mother asked for forgiveness and even kneeled asking for forgiveness. I think she was really hurt for what her daughter did to the two victims was extremely ashamed about it.

Disclaimer: I am not a lawyer or a law expert. This is just my thoughts and my perspective about the case. You can read more about the Juvenile Justice Act in the links below.

Source:

https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf

https://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

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Comments

This really shocks the world and my thoughts when I found it out. I kept asking why? Why she killed the youngster when she was accepted in their family even though she is a stranger? This really hurts a lot.

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2 years ago

Greed and envy. Ang ganda pa namang bata. Angelic face

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2 years ago

I really felt sorry for the parents who lost their precious children. They don't deserve it, sayang yung kinabukasan nila dahil lang sa selos. I hope they get the justice.

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2 years ago

Sobrang inggit siguro siya. Matalino, mabait, leader, achiever, maganda, from well off family ang boyfriend, happy family… tapos siya, isang bata na galing sa shelter and for eight years under psychosocial intervention ng government. Sayang talaga yung dalawang bata.

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2 years ago